Extradition

All questions

• 1. Are extradition proceedings regulated by domestic legislation, treaties or both?
• 2. Is there a central register of extradition treaties that your state has entered into?
• 3. Do special extradition arrangements apply to certain foreign states, for example, states that are geographically proximate, or politically, legally or economically closely linked?
• 4. Is extradition possible to states that have no bilateral or multilateral extradition treaty with your state if they are party to an international convention?
• 5. Is extradition possible to states that are not extradition treaty partners as an ad hoc arrangement?
• 6. For which offences is extradition from your state allowed?
• 7. Is there a requirement for double (dual) criminality? How is this assessed?
• 8. How would your state deal with a request that includes an offence for which extraterritorial jurisdiction is claimed?
• 9. What must be included as part of a valid extradition request made by the foreign state?
• 10. What are the stages of the extradition process?
• 11. If an initial political decision is required, what factors can be considered?
• 12. Is provisional arrest, before the extradition request is received, possible?
• 13. Must a domestic arrest warrant be issued or can an Interpol red notice be used to carry out a provisional arrest?
• 14. What is required to apply for a domestic extradition arrest warrant?
• 15. What rights does the requested person have while under arrest?
• 16. Is bail available in extradition proceedings?
• 17. If so, what are the factors that a court will take into account in deciding whether to grant bail?
• 18. Can the court impose conditions when granting bail? What conditions can be, and usually are, imposed?
• 19. What bars can be raised to resist extradition?
• 20. Does your state extradite its own nationals and residents?
• 21. Are potential breaches of human rights after extradition considered in the extradition process?
• 22. Can a person consent to extradition, and what is the procedure? Is consent irrevocable?
• 23. Is there a speciality protection? How is it provided? Does it apply if a person consents to extradition?
• 24. If there is a political decision at the end of the extradition process, what factors can be considered?
• 25. What ability is there to appeal against or judicially challenge decisions made during the extradition process? What are the requirements for any appeal or challenge?
• 26. What are the time limits for the extradition process? How long does each phase of the extradition process take in practice?
• 27. In what circumstances may parallel proceedings delay extradition?
• 28. What provision is made for legal representation of the requesting state or the requested person?